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This blog is aimed to keep our clients updated with interesting news about spanish property and main legal changes.


Buying a Spanish property – how do you know it’s 100% legal?



One of the biggest concerns for those buying Spanish property is whether the property is legal. To ensure you’re purchasing a property that is 100 per cent legal with all its paperwork in order, you need an independent lawyer.

A qualified lawyer with experience in Spanish property law and conveyancing is the only person who can check that the property’s legality is watertight. For extra peace of mind, chose a lawyer who is totally independent and represents your interests only.

To find out if a property has been built legally and has all the official paperwork, your lawyer will ask to see and thoroughly check a number of crucial documents including:

Nota simple from the Land Registry: this vital document records a number of important facts including past and present owners, taxes (paid and unpaid) and charges and encumbrances. From the nota simple, your lawyer can find out a wealth of information about the property and highlight any potential illegalities or issues.

First occupation licence: if you’re buying a new or recently built property, the first occupation licence is one of the most important documents.

Building licence: if the property is new, your lawyer will want to see the building licence to check that when and what construction was authorised.

Certificate from town planning department: in some cases, your lawyer will request this document to check that all is in order.

Rates bill: this document gives an insight into the property’s legal situation with the local council.

Utility supply bills: if official bills are available and show recent and up-to-date payments, it’s a good sign that the property is legal.

What happens if a property isn’t legal?

If a property isn’t 100 per cent legal, it may be possible to legalise it and therefore ensure your purchase is a safe investment for the future. Your lawyer will inform you about the procedure and ensure your interests are protected throughout. If legalisation isn’t possible, your lawyer should advise you not to buy.

Buying in Marbella? Read about how Andalusian Lawyers safeguarded their clients’ interests when buying an illegal property.

Need advice on buying property in Spain? Contact us now for information about our services and how we can ensure complete peace of mind on all purchases. Meanwhile, download our free ‘Guide to Buying a Spanish Property’.




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